The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

1. The court below sentenced the defendant to the time of prosecution as to the violation of the Labor Standards Act among the facts charged in this case, and found the defendant guilty as to the remaining fraud, and the both parties appealed as to the guilty part. Since the court below's dismissal part which was not appealed is separated from the judgment below, the court below's judgment is limited to the guilty part among the judgment below.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to the facts constituting the crime in the original judgment, paragraph 1 of the same Article) K stores in the G Housing Site Development Zone in Sungnam-si (hereinafter “K shop”).

2) The executor of the KJ (hereinafter referred to as the “J”) shall:

ii) is merely a corporation F (hereinafter referred to as “F”) which is a separate corporation;

) The Defendant, the representative director of the K store, was not entirely involved in the pre-sale of the K store, and there was no difference between F and L, at the time of the sales contract, the sales contract for the K store 134, which was concluded between L and J, was replaced by H 167 and at the time of the sales contract (after that, there was no lack of delivery of KRW 200 million in the name of the down payment remitted by the said complainant to J.).

(2) The judgment of the court below which found the defendant guilty of committing the above 200 million won against the complainant is erroneous in misunderstanding of facts and misunderstanding of legal principles, although the defendant who is only the representative director of F, could not be deemed to have obtained the above 200 million won from the complainant.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

3. Before determining the grounds for appeal by the Defendant and prosecutor ex officio, the record reveals that the Defendant was sentenced to imprisonment with prison labor for six months as a crime of violating the Punishment of Tax Evaders Act at the Incheon District Court’s Busan Branch Branch Branch on September 26, 2008, and the said judgment became final and conclusive on October 7, 2008.